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HomeMy WebLinkAbout06-6951 { ROBERT W. WERTHMAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. ; NO. ~& - &451 Civil Term KERRY L. WERTHMAN, Defendant : IN CUSTODY CUSTODY COMPLAINT 1. Plaintiff is Robert W. Werthman, who currently resides at 225 Cherry Street, Carlisle, Pennsylvania, 17013. 2. Defendant is Kerry L. Werthman, who currently resides at 126 E. Penn St., Carlisle, Pennsylvania, 17013. 3. Plaintiff seeks custody a Order regarding the following children, based upon the parties' agreement: NAME DOB ADDRESS Robert W. Werthman 7/11/89 225 Cherry St. Carlisle, Pa. 17013 Madeline T. Werthman 12/3/92 225 Cherry St. Carlisle, Pa. 17013 Jillian M. Werthman 10/9/98 225 Cherry St. Carlisle, Pa. 17013 The children were born in wedlock. Father and mother currently share legal custody of the children, and Father has primary physical custody of the children. The children have resided with the following persons and at the following addresses: NAME ADDRESSES DATES Robert W. Werthman 225 Cherry St. Carlisle, Pa. 17013 July 2006 - present During the prior five years, the children spent considerable time at the following addresses with the following individuals; Robert W. Werthman Giebelstadt, Germany Maternal Grandparents 609 S. 93rd St., Omaha, Nebraska The mother of the children is: Kerry L. Werthman, and she currently lives at 126 E. Penn St., Carlisle, Pennsylvania, 17013. She is married to Robert W. Werthman. The father ofthe children is: Robert W. Werthman, who currently lives at 225 Cherry St., Carlisle, Pennsylvania, 17013. He is married to Kerry L. Werthman. 4. The relationship of plaintiff to the children is that of Father. The Plaintiff resides with the children. 5. The relationship of defendant to the children is that of Mother. The Defendant currently resides alone at the residence listed above. However, she is currently in a residential treatment facility. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court other than as follows: The parties filed for a Decree of Legal Separation in Nebraska. which addressed some issues regarding custody and divorce. However. the parties are now living in Carlisle. Plaintiff is a member of the Armed Forces of the United States of America and is attending the Armv War College. Due to recent events. and the need for Mother to enter residential treatment. the parties are requesting their custody agreement be entered as an Order of Court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a party to the proceedings who has physical custody of the children or anyone who claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because: Mother has entered a treatment facility for issues of chemical dependency. It in the best interest ofthe children for the parties' agreement. which provides for ioint legal custody and primary physical custody for father. to be entered as an Order of Court because this would provide security and stability for the children. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests the court to grant custody of the children and enter their agreement as an Order of Court. Respectfully submitted, Date: /1-11 (OG Jan dams, Esquire . No. 79465 6 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR FA THERlPETITIONER . ~ VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. qb GCC) Date: II. ~ · ~ Robert W. Werthman, Petitioner ~\ J -- ~ ~~ 8;-, \.;~ ~ \>J ........... c "- ~ ~ '\-- d 0 '" 0 = ~; = "T1 CY' ;?:": 0 -<< 1'1 :I:., ("") nlp --om I ::PC? .s:- ':.:10 "r-r. -0 -'-""'1 t',-- - ::J: >;::'0 C"~.J c3m c:~ N >! ...-,. .. ....L --4 ::D .-< 0 -< ROBERT W. WERTHMAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO." () 6 ~ .... ~ -=t5" ( Civil Term KERRY L. WERTHMAN, Defendant : IN CUSTODY STIPULATION AND CUSTODY AGREEMENT tt::" This Stipulation and Custody Agreement is made thiscif day of 1"--t)'u-&.1:JCI2-, 2006, by and between KERRY L. WERTHMAN, referred to as "Mother"), of Carlisle, Cumberland County, Pennsylvania, and ROBERT W. WERTHMAN, (Hereinafter referred to as "Father"), of Carlisle, Cumberland County, Pennsylvania; WHEREAS, Mother and Father are the natural parents of three children, namely, Robert W. Werthman, II, born July 11, 1989; Madeleine T. Werthman, born December 3, 1992; and Jillian M. Werthman, born October 9, 1998. WHEREAS, Mother and Father have reached an agreement relative to the future care, custody, and visitation oftheir children, the terms of which agreement both parties desire to set forth in the present Stipulation and Custody Agreement, and; WHEREAS, Mother and Father desire the provisions ofthe present Stipulation and Custody Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. There is no previous Order of Court concerning the children. ,",i NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: 1. Leeal Custody. Mother and Father shall have joint legal custody of their children. Joint legal custody means both parents have the right to control and share in making of decisions of importance in the life of their children, including educational, medical, and religious decisions. Both parents shall be entitled to equal access to the children's school, medical, dental, and other important records. As soon as practicable after the receipt by a party, copies of the children's school schedules, special events notifications, report cards, and similar items shall be provided to the other party. Each shall notify the other party of any medical, dental, optical and other appointments of the children with healthcare providers, sufficiently in advance thereof so that the other party can attend. Notwithstanding that both parents shall share legal custody, non-major decisions involving the children's day-to-day living shall be made by the parent then having physical custody, consistent with the other provisions of this Agreement and subsequent Order. 2. Physical Custody. Primary Physical Custody of the children, as that term is defined in the custody act, shall be with Father. 3. Partial Custody. Partial physical custody is the right to take possession of the children away from the custodial parent for a certain period of time. Mother shall have partial custody of the children as the parties mutually agree or as provided pursuant to Court Order. 4. Transportation and Exchanee. The transportation shall be shared equally by the parties, with the parent who is to receive custody at the time of the exchange to provide for transportation from the residence or location of the other parent. At all times, all children shall be secured in appropriate passenger restraints. 5. Other provisions. Mother is currently entering treatment for chemical dependency. During Mother's treatment, Father will attempt provide reasonable visits with the children as her treatment allows, keeping in mind the best interest of the children. Once treatment is completed, Mother's periods of partial custody will resume as agreed by the parties or pursuant to Order of Court. Mother shall abstain from all alcohol use during her periods of partial custody with the children. If, before or during any of Mother's visits, there is any indication that she has been using alcohol, or is under the undue influence of any other intoxicating substance, Father may deny or discontinue the period of partial custody. No person transporting the child(ren) shall consume alcoholic beverages to the point of intoxication prior to transporting the child(ren) or be under the influence of any alcoholic beverages which would impair their ability to drive while transporting the child(ren). 6. Oneoine Relationship. Neither party shall attempt to undermine the mutual love and affection that the child(ren) may have for the other parent and neither parent shall, in the presence ofthe child(ren) make any disparaging or negative remarks concerning the other parent. Each party shall confer with the other on all matters of importance relating to the child's health, maintenance, and education with a view toward obtaining and following a harmonious policy in the child's education and social adjustment. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the child and visitation period. Each party agrees to supply the name, address, and telephone numbers of any person in whose care the child will be in for a period in excess of forty-eight (48) hours, and for each person or entity which may provide daycare for the child(ren). 7. Illness of the Children. Emergency decisions regarding the children shall be made by the parent then having custody. However, in the event of any emergency or serious illness of the children at any time, any party then having custody of the children shall communicate with the other party by telephone or any other means practicable, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as possible. The term "serious illness" as used herein shall mean any disability which confines a child to bed for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the medical care of the child. 8. Welfare of the Children to be Considered. The welfare and convenience of the children shall be the prime consideration of the parties in any application of the provisions of this Agreement. Both parents are directed to listen carefully and consider the wishes of the children in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 9. Bindine Effect and Modification of Order. This Agreement and all of its terms and conditions shall extend to and be binding upon the parties hereto and their respective heirs, personal representatives, and assigns. The parties are free to modify the terms of this Agreement but in order to do so both parties must be in complete agreement to any new terms. That means both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. 10. Governine Law. This Agreement shall be governed and controlled by the laws of Pennsylvania. 11. Enforcement. The parties agree that this Agreement may be adopted as an Order of Court without the necessity of a Court hearing. 12. Entire Aereement. This Agreement contains the entire understanding between the parties concerning the subject matter hereof, and no representations, inducements, promises or agreements, oral or otherwise, not embodied herein shall be of any force or effect. This Agreement supersedes any and all prior agreements, written or oral, between the parties hereto relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. WITNESS: ~ K~~l!~ COUNTY OF CUMBERLAND ) ):ss ) COMMONWEAL TH OF PENNSYL VANIA On this, the day of , 2006, before me, the undersigned officer, personally appeared , known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public My commission expires: SEAL JoJ.j tJ~- ~-- Robert W. Werthman, Father COMMONWEALTH OF PENNSYL VANIA ) ):ss COUNTY OF CUMBERLAND ) On this, the day of , 2006, before me, the undersigned officer, personally appeared , known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public My commission expires: SEAL f r . ~ .-t. t . ~ " ~ , ~ ~f ROBERT W. WERTHMAN, Plaintiff : IN THE COURT OF COMMON PLEAS .I~ S : CUMBERLAND COUNTY, PENNSYLVANIA DEe 0 7 2O~ v, : NO.l-&Ob-1o ~ 5"1 Civil Term KERRY L. WERTHMAN, Defendant : IN CUSTODY ORDER AND NOW, this \ \"' day of D t.. ~ . , 2006, having reviewed the attached agreement between the parties dated November 27,2006, it is hereby ORDERED and DECREED as follows: 1. The parties shall share legal custody of their children, Robert W. Werthman, Madeline T. Werthman, and Jillian M. Werthman. 2. Father, Robert W. Werthman, shall have primary physical custody of the children, and Mother shall have periods of partial custody as agreed by the parties. 3. The agreement executed by the parties on November 27,2006, shall be entered as an Order of Court. J.~~~ cc: ~e Adams, Esquire, for father. ~rry L. Werthman, mother ~ 62 :0/,... /1 JJO 9002 1 ;..fI"IU~lI ',".. . _ "'....V.J. 'VLihUC\':.kl ::)H.J. :10 .2Jli:IO-V:17&